Bill Text: NY A10470 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the commissioner of health to conduct a study of the delivery of ambulatory care on Staten Island.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Vetoed) 2020-11-27 - tabled [A10470 Detail]

Download: New_York-2019-A10470-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10470

                   IN ASSEMBLY

                                      May 22, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fall) --
          read once and referred to the Committee on Health

        AN ACT to amend the public health law, in relation to specifying  proce-
          dures  for the closure and/or decertification of diagnostic and treat-
          ment centers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  2828 to read as follows:
     3    § 2828. Closure of diagnostic and treatment centers. 1.  In the  event
     4  that  an  operator  of a diagnostic and treatment center organized under
     5  this article elects to close and to surrender an  operating  certificate
     6  and/or certification as a diagnostic and treatment center, the following
     7  provisions shall apply:
     8    (a)  The  operator shall notify the appropriate regional office of the
     9  department in writing prior to the anticipated date of  closure  of  the
    10  diagnostic and treatment center and/or the decertification of such diag-
    11  nostic and treatment center.
    12    (b)  Such  written  notice  shall  include a proposed plan for closure
    13  and/or decertification. The plan shall be subject to the approval of the
    14  commissioner, shall include timetables for all  steps  entailed  in  the
    15  closure process and shall describe the procedures and actions the opera-
    16  tor will take to:
    17    (i)  notify  patients  who  have  visited the diagnostic and treatment
    18  center within the past year or the representatives of such  patients  of
    19  the closure, and/or decertification;
    20    (ii)  notify patients or the representatives of such patients of other
    21  diagnostic and treatment centers in their area; and
    22    (iii) maintain compliance with approved plan until all prior  patients
    23  have been notified pursuant to this subdivision.
    24    2.  The  operator  shall  take  no  action to close the diagnostic and
    25  treatment center prior to approval from the commissioner of the plan for
    26  closure and/or decertification.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16393-01-0
        A. 10470                            2

     1    3. As part of the final approval of the closure plan, the  department,
     2  center for health care quality and surveillance and operator shall agree
     3  upon  a  target closure date, which shall be at least one hundred twenty
     4  days from the actual date that the operator provides  written  notifica-
     5  tion  to  the  patients and the patients' representatives of the closure
     6  pursuant to subdivision one of this section.
     7    4. Failure to notify the department of  intent  to  cease  operations,
     8  failure  to submit a plan for closure and/or decertification, failure to
     9  execute the approved plan for closure and/or decertification and closing
    10  a diagnostic and treatment  center  before  all  patients  or  patients'
    11  representatives  who are required to be notified pursuant to subdivision
    12  one of this section have been appropriately notified,  shall  result  in
    13  the  imposition  of civil penalties in accordance with section twelve of
    14  this chapter.  No such civil penalty shall be imposed where the operator
    15  is unable to notify a patient or patients'  representative  pursuant  to
    16  subdivision  one  of  this  section,  and  the operator has notified the
    17  department of such inability to notify a patient or patients'  represen-
    18  tative, including a description of the good faith attempt made to notify
    19  such patient or patients' representative.
    20    5. The commissioner may promulgate such rules and regulations as he or
    21  she deems necessary to implement the provisions of this section.
    22    §  2. This act shall take effect on the first of January next succeed-
    23  ing the date on which it shall have become a law, and shall apply to all
    24  closures of diagnostic and treatment centers occurring on or after  such
    25  effective date; provided, however, that effective immediately, the addi-
    26  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    27  the implementation of this act on its effective date are authorized  and
    28  directed to be made and completed on or before such effective date.